Florida agriculture bill causes concern about free speech, sponsors defend it

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TALLAHASSEE, Fla. - A bill making its way through the Florida House and Senate has some water advocates concerned that it's violating the First Amendment. 

What we know:

There are two versions of this mega bill, one in the House (HB 433) and one in the Senate (SB 290). 

Of the versions, House Bill 433 is the one seeing movement.

It was approved by the Agriculture & Natural Resources Budget Subcommittee on Wednesday.

The other side:

However, opposition to the bill takes issue with Section 47. 

It said agriculture is important for Florida's economy and producers should be able to recover damages for disparaging statements.

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Critics said all people in Florida should be able to freely discuss agriculture and its practices.

Chris Whitman is the co-founder of Captains for Clean Water. He opposes this addition to the bill and wants it removed.

"This is a matter of silencing free speech and creating a threat of intimidation by speaking up against about things you're seeing," Whitman said.

Whitman said the non-disparagement clause in proposed farm legislation is a free speech violation.

"We also should not be in a place where we are signing into law things that then would cause or need a citizen or group of people to sue the government to prove that the law is unconstitutional," Whitman said.

The Clause:

Section 47 said that agricultural producers can recover damages for disparagement of agricultural products or practices in Florida.

The bill defines disparagement as knowingly sharing false information that a food product is not safe to eat.

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Agricultural producers are those that grow food and groups representing them can also sue under this bill.

"We already have defamation laws here in Florida for everybody, for every industry, for everyone," Whitman said.

Defending The Bill:

Sponsors of the bill are defending it. 

Senator Keith Truenow sent FOX 13 this statement.

"The truth matters, especially when it comes to our food supply. We want to establish a clear line between honest discussion and knowingly false claims that can cause real harm to farmers, consumers, and our economy. The discussion we’re having right now shows the legislative process working the way it should. Our goal is to make it clearer, stronger, and more up to date. This is how good policy is made, and that’s how we protect Florida agriculture for generations to come. When we collaborate and keep our ag industry front and center, we end up with a better policy and a stronger future for Florida farmers."

House Representative Danny Alvarez sent FOX 13 this statement.

"Protecting the truth about our food supply is a serious issue. Florida farmers shouldn’t have their livelihoods put at risk by reckless activists. We will keep working on this bill till we get it right, tighten the law where it makes sense, keep the focus where it belongs, and make sure real agriculture is protected.
I want to thank Commissioner Wilton Simpson for continuing to stand up for Florida farmers and refusing to let them be pushed around. That kind of leadership is exactly how we keep Florida agriculture moving in the right direction."